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Keep Your Estate Plan Current with Your Life

Posted by Nina Whitehurst | Nov 07, 2018 | 0 Comments

Disagreeing couple

So, just what is going on with your life, the kids, your health, their health, their future plans?

Don't just ask for the proper documents to create an estate plan. Make sure that your attorney knows what is actually going on in your life, according to the Citizen Times in “Expert advice: 6 financial decisions to make now for your future.”

Here are some key points that may be helpful:

Estate Planning. One couple announced to their estate planning attorney that they had updated their wills—and when asked, said they had done it back when the husband's father was alive. That was almost 30 years ago. Every four or five years, or whenever there is a large change to the tax laws, it's time for a review.

Another person had her mother listed as her beneficiary. They're together almost all the time. What if they both die together? What happens then? A skilled estate planning attorney will ask these delicate questions to make sure your plan works.

How's Your Health? It doesn't matter if you are as healthy as a horse, you still need to have a health care power of attorney. You never know when you might become incapacitated. This gives you the opportunity to choose who will make decisions on your behalf.

We never know when this may occur. It could be an accident, an allergic response to a vaccination or a diabetic emergency. We can't prevent emergencies, but we can prepare for them.

A living will, or advance directive, tells doctors and relatives more detailed information about how you want specific situations addressed. Do you want a “DNR” or “do not resuscitate” order?

Splitting Up? Don't Miss These Details. A clear picture of your financial status will be helpful for updating your estate plan. You should not wait until your divorce is final to do that! One of the first things an estate planning attorney will ask a divorcing client is who is their attorney in fact/agent under their power of attorney? If the divorce is amicable, maybe that doesn't need to change. However, most people need to make those changes.

Here's one story we've heard too many times. Couples who have separated but not yet finalized their divorces fail to change their estate plans. One woman ended up having to go to court every time she needed money for the care of her minor children. Her husband had changed the beneficiaries of his accounts to his minor children but did not name a guardian or create a trust.

It is highly likely that your life will change as your life progresses and so should your estate plan.

We can advise you on creating and keeping up to date with an estate plan that fits your unique circumstances.

Reference: Citizen Times (Oct. 8, 2018) “Expert advice: 6 financial decisions to make now for your future”

About the Author

Nina Whitehurst

Attorney at Law Nina has been practicing law for over 30 years in the areas of estate planning, real estate and business law She is currently licensed in Alaska, Arizona, California, Colorado, Oregon and Tennessee. Her Martindale-Hubbell attorney rating is the highest achievable: 5 stars in peer...

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